Columns

Canada Complicit in Undermining Internet Privacy

As the tidal wave of disclosures on widespread U.S. surveillance continues – there is now little doubt that the U.S. government has spent billions creating a surveillance infrastructure that covers virtually all Internet and wireless communications – the question of Canada’s role in these initiatives remains largely shrouded in secrecy.

The Canadian government has said little, but numerous reports suggest that agencies such as the Communications Security Establishment Canada (the CSE is the Canadian counterpart to the U.S. National Security Agency) are engaged in similar kinds of surveillance. This includes capturing metadata of Internet and wireless communications and working actively with foreign intelligence agencies to swap information obtained through the data mining of Internet-based surveillance.

My weekly technology law column (Toronto Star version, homepage version) notes the active connection between Canadian and U.S. officials moved to the forefront last week with reports that Canadian officials may have played a starring role in facilitating U.S. efforts to create a “backdoor” to widely used encryption standards. That initiative has been described as “undermining the very fabric of the Internet.”

September 17, 2013 — 8 comments — Columns

Regulated Wireless Roaming Fees May Be on the Way

The Labour Day weekend ended with a bang for telecom watchers as Verizon, the U.S. giant that was contemplating entering the Canadian market, announced that it was no longer interested in moving north. That decision represents a major loss for consumers, who would have benefited from greater choice and increased competition.

Yet days before the Verizon change of heart, the Canadian Radio-television and Telecommunications Commission released its own noteworthy announcement, issuing a request for information to all Canadian wireless companies on their roaming pricing. The request, which covers everything from roaming agreements with U.S. companies to roaming revenues and consumer costs, may be the start of a long-overdue effort to reign in Canadian roaming fees that the OECD has reported are amongst the highest in the world.

The Commission acknowledged mounting concern over roaming fees, which kick in whenever Canadians use their wireless devices outside the country (and occasionally within the country when a provider does not offer their own service). After attempts to gather data from publicly available information failed to provide a clear picture, the CRTC initiated the request for information, much of which has never been made publicly available.

Based solely on the readily accessible information, however, my weekly technology law column (Toronto Star version, homepage version) notes that roaming fees render typical usage of cellphones when out of the country unaffordable for most Canadians.

September 10, 2013 — 9 comments — Columns

Canadian Universities Navigate Learning Curve for New Copyright Rules

As students and faculty prepare to head back to campus this week, many will be greeted by new copyright guidelines that clarify how materials may be used without the need for further permission or licensing fees. Just over a year after the Supreme Court of Canada released five landmark copyright decisions in a single day and the Canadian government passed copyright reform legislation over a decade in the making, the education community has begun to fully integrate the new copyright landscape into campus policies.

My weekly technology law column (Toronto Star version, homepage version) notes the new rules are significant since they grant teachers and students far more flexibility to use portions of materials without the need for copyright collective licences. The changes come as a result of the expansion of fair dealing, the Canadian equivalent of the U.S. fair use rules. The government expanded the scope of fair dealing to explicitly include education as a recognized purpose in 2012, while the Supreme Court has repeatedly emphasized the importance of a broad, liberal interpretation to fair dealing in order to ensure an appropriate balance in copyright law.

With those developments in hand, Canadian educational institutions crafted a general fair dealing policy last year confirming that educators can rely on fair dealing to use up to ten percent of a copyright-protected work (or a single article, a chapter from a book, a newspaper article, or a poem or photograph taken from a larger collection) without the need for a licence provided they meet a six-factor test.

September 4, 2013 — 1 comment — Columns

Time for Canadian Privacy Regulators to Take Action on Pervasive Surveillance

As the near-weekly revelations of pervasive surveillance activities generates both debate and mounting opposition in the United States and Europe, the Canadian reaction has remained somewhat muted. Following an initial flurry of coverage over the surveillance activities of Canadian intelligence agencies, the issue has largely disappeared despite evidence that Canadian data is regularly collected by foreign intelligence agencies, most notably the U.S. National Security Agency.

Interestingly, the battle over the potential entry of Verizon into Canada may have opened the door to greater public scrutiny of the privacy practices of all telecom carriers. The debate unexpectedly features a privacy and surveillance dimension, with the incumbents and their unions raising fears about the link between Verizon and U.S. surveillance.

Verizon may raise privacy concerns, but my weekly technology law column (Toronto Star version, homepage version) notes it is worth asking whether the Canadian carriers can provide assurances that Canadian phone and Internet activity is any less prone to surveillance. The major Canadian carriers have been very secretive about many of these issues. In fact, a recent University of Toronto report found that none issue transparency reports (Google, Twitter, and Microsoft do), inform users about data requests, state where data is routed and stored, or avoid U.S. routing.

August 27, 2013 — 16 comments — Columns